The committee on Ways and Means to whom was referred the message from His Excellency the Governor recommending legislation relative to making appropriations for the fiscal year 2011 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4841) reportson the residue,in part, that the accompanying bill (House, No. 5128) ought to pass [Total appropriation: $330,148,461].

For the committee,

CHARLES A. MURPHY

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand and Ten

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An Act MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2011 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS.

Whereas, The deferred operation of this act would tend to defeat its purposes, which are forthwith to make supplemental appropriations for fiscal year 2011 and to make certain changes in law, each of which is immediately necessary to carry out those appropriations or to accomplish other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2011, the sums set forth in sections 2 and 2E are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2011. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. Notwithstanding any general or special law to the contrary, appropriations made in section 2 shall not revert and shall be available for expenditure until June 30, 2010.

SECTION 2.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1599-4707$4,300,000

Office of the State Comptroller

1595-5819$20,000,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Department of Conservation and Recreation

2810-0100$2,100,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Division of Medical Assistance

4000-0500$17,343,019

4000-0600$11,316,486

4000-0700$149,069,588

4000-0950$49,809,579

4000-0990$10,278

4000-1405$17,342,133

4000-1420$13,097,171

Department of Youth Services

4200-0200$1,000,000

Department of Transitional Assistance

4408-1000$4,300,000

Department of Public Health

4512-0200$335,000

4512-0225$500,000

4513-1020$2,500,000

4513-1026$341,324

4513-1130$750,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Department of Housing and Community Development

7004-0101$16,000,000

7004-9024$1,100,000

Department of Business Development

7007-0150$800,000

EXECUTIVE OFFICE OF ELDER AFFAIRS

Office of the Secretary of Elder Affairs

9110-1630$2,400,000

LEGISLATURE

Senate

9500-0000$1,115,549

House of Representatives

9600-0000$5,510,171

Joint Legislative Operations

9700-0000$1,900,000

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2011. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1599-6263For a reserve for the purposes of eradication and control of mosquitoes to prevent the spread of eastern equine encephalitis; provided, that the secretary of administration finance shall report on the expenditures from this account including, but not limited to, the amount spent from this account during the fiscal year, the communities where spraying occurred and the amount spent per community$1,188,236

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary of Energy and Environmental Affairs

2000-1011For the office of environmental law enforcement which may expend revenues in an amount not to exceed $200,000 from the administrative handling charge revenues received from electronic transactions processed through its online licensing and registration systems; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the office of environmental law enforcement may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system $200,000

Board of Library Commissioners

7000-9403 For the Boston public library for its role as the library of last recourse for the commonwealth; provided that all funds expended from this item shall be transferred for use in other branch libraries$350,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENTDepartment of Business Development

7007-0150For a competitive grant program to promote the 8 regional economic development corporations, councils, and partnerships across the commonwealth$800,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITYOffice of the Secretary of Public Safety and Security

8000-0004For amounts paid by the United States to the commonwealth, as the employer, to satisfy the judgment of the United States District Court in Regan v. United States, 421 F.Supp.2d 319 (D. Mass 2006), and employer-match refund claims governed by that judgment; provided, that the comptroller shall transfer funds to the offices of sheriffs or of registries of deeds whose employees were at issue in that action in proportion to the employer match of payments to those affected employees in each of those offices, solely for one-time expenses of those offices; provided further, that no funds made available from this item shall be expended from object class AA, BB or CC; provided further, that each such office shall file a written report with the comptroller and the secretary of administration and finance not later than June 30 of each year funds were provided, detailing the purposes for which these funds were expended; and provided further, that the comptroller may retain funds from this item to reimburse his reasonable expenses in administering payments pursuant to, and refund claims governed by, that judgment$3,469,927

LEGISLATURESenate

9510-0000For expenses incurred by the senate related to the joint committee on redistricting, prior appropriation continued.$750,000

House of Representatives

9610-0000For expenses incurred by the senate related to the joint committee on redistricting, prior appropriation continued$750,000

SECTION2E.The sums set forth in this section are hereby appropriated for transfer from the General Fund to the trust funds named within each item unless specifically designated otherwise in this section, for the purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2011. Items in this section shall not be subject to allotment under section 9B of chapter 29 of the General Laws or reduction under section 9C of said chapter 29, without express authorization from the general court. Notwithstanding section 19A of said chapter 29, any transfer under this section shall be made by the comptroller in accordance with a transfer schedule to be developed for each item by the comptroller, after consulting with the appropriate agency secretary, the secretary of administration and finance and the state treasurer. The schedule for each appropriation shall provide for transfers in increments considered appropriate to meet the cash flow needs of each fund and all transfers under the schedule shall be completed not later than June 30, 2011. Not later than 7 days after the schedules receive final approval by the comptroller, they shall be reported to the house and senate committees on ways and means.

SECTION 3. The fifth sentence of subsection (d) of section 18B of chapter 53 of the General Laws, inserted by section 37 of chapter 188 of the acts of 2010, is hereby amended by striking out the words “not more than” and inserting in place thereof the following words:- at least.

SECTION 4. Section 6 of chapter 62 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the words “secretary of”, in lines 637 and 642, in each instance, the following words:- energy and.

SECTION 5. Said section 6 of said chapter 62, as so appearing, is hereby further amended by inserting before the word “credit”, in line 665, the following word:- refundable.

SECTION 6. Subsection (p) of said section 6 of said chapter 62, as so appearing, is hereby further amended by striking out paragraphs (3) and (4) and inserting in place thereof the following 2 paragraphs:-

(3) The fair market value of a qualified donation of certified land shall be substantiated by a qualified appraisal, as defined in United States Treasury Regulation section 1.170A- 13(c)(3), and shall be prepared by a qualified appraiser, as defined in United States Treasury Regulation section 1.170A-13(c)(5). For a taxpayer to qualify for the credit provided for in this subsection, the taxpayer shall, as part of the certification process, file with the secretary of energy and environmental affairs a summary of a qualified appraisal or, if requested by the secretary, the taxpayer shall submit the appraisal itself. The secretary shall transmit the summary of or the qualified appraisal itself and certification to the commissioner, upon request. For purposes of determining the credit under this subsection, the fair market value of a qualified donation shall be subject to review by the commissioner under chapter 62C.

(4) If the amount of the credit allowed under this subsection exceeds the taxpayer’s tax liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the entire amount of the excess.

SECTION 7. Said subsection (p) of said section 6 of said chapter 62, as so appearing, is hereby further amended by striking out paragraph (9) and inserting in place thereof the following paragraph:-

(9) The secretaries of energy and environmental affairs and of administration and finance, acting jointly and in writing, shall authorize tax credits under this subsection together with section 38AA of chapter 63. The total cumulative value of the tax credits authorized pursuant to this section and said section 38AA of said chapter 63 shall not exceed $2,000,000 annually. No credits shall be allowed under this subsection except to the extent authorized in this paragraph. The commissioner, after consulting those secretaries concerning, among other things, the land conservation objectives of this section, shall adopt regulations governing applications for and other administration of these tax credits.

SECTION 8. The definition of “tax credit program” in section 1 of chapter 62C of the General Laws, inserted by section 39 of chapter 131 of the acts of 2010, is hereby amended by striking out the words “and (xi)” and inserting in place thereof the following words:- (xi) the donated land tax credit in subsection (p) of said section 6 of said chapter 62 and section 38AA of said chapter 63; and (xii).

SECTION 9. Section 38AA of chapter 63 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the words “secretary of”, in line 9 and 13 and 14, in each instance, the following words:- energy and.

SECTION 10. Said section 38AA of said chapter 63, as so appearing, is hereby further amended by striking out, in line 35, the words “the income tax” and inserting in place thereof the following words:- an excise.

SECTION 11. Said section 38AA of said chapter 63, as so appearing, is hereby further amended by inserting before the word “credit”, in line 37, the following word:- refundable.

SECTION 12. Said section 38AA of said chapter 63, as so appearing, is hereby further amended by striking out subsections (c) and (d) and inserting in place thereof the following 2 subsections:-

(c) The fair market value of a qualified donation of certified land shall be substantiated by a qualified appraisal, as defined in United States Treasury Regulation section 1.170A- 13(c)(3), and shall be prepared by a qualified appraiser, as defined in United States Treasury Regulation section 1.170A-13(c)(5). For a taxpayer to qualify for the credit provided for in this section, the taxpayer shall, as part of the certification process, file with the secretary of energy and environmental affairs a summary of a qualified appraisal or, if requested by the secretary, the taxpayer shall submit the appraisal itself. The secretary shall transmit the summary of or the qualified appraisal itself and certification to the commissioner of revenue, upon request. For purposes of determining the credit under this section, the fair market value of a qualified donation shall be subject to review by the commissioner under chapter 62C.

(d) If the amount of the credit allowed under this section exceeds the taxpayer’s tax liability, the commissioner of revenue shall treat the excess as an overpayment and shall pay the taxpayer the entire amount of the excess.

SECTION 13. Said section 38AA of said chapter 63, as so appearing, is hereby further amended by striking out subsection (h) and inserting in place thereof the following subsection:-

(h) The secretaries of energy and environmental affairs and of administration and finance, acting jointly and in writing, shall authorize tax credits under this section together with subsection (p) of section 6 of chapter 62. The total cumulative value of the tax credits authorized pursuant to this section and said subsection (p) shall not exceed $2,000,000 annually. No credits shall be allowed under this section except to the extent authorized in this subsection. The commissioner of revenue, after consulting those secretaries concerning, among other things, the land conservation objectives of this section, shall adopt regulations governing applications for and other administration of these tax credits.

SECTION 14. Chapter 90 of the General Laws is hereby amended by striking out section 30, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-

Section 30. A proper record of all applications and of all certificates and licenses issued and of all other documents issued or received and maintained in the normal course of business by the registry of motor vehicles shall be kept by the registrar. The records shall be open to the inspection of any person during reasonable business hours, subject to applicable privacy laws and regulations. A proper record shall include the original of any document or copies of any original document that have been reproduced by the registrar or the registrar’s authorized designee by electronic scan, photo-image, microfilm, microfiche process or by another reproduction process approved by the secretary of the commonwealth. The registrar shall maintain a record of all convictions of persons charged with violations of the laws relating to motor vehicles, and notwithstanding any general or special law to the contrary, such record shall be public, open to the inspection of any person during reasonable business hours, and subject to regulations promulgated by the registrar. The registrar may issue a certified copy of a proper record or any document contained therein, attested by the registrar or the registrar’s authorized agent, of any record or document maintained in the normal course of business by the registrar, including but not limited to, a certificate of registration or of any license to operate motor vehicles which may have been lost or mutilated upon the written request of the person entitled thereto, or, where there are two or more joint owners of a motor vehicle or trailer, the registrar may issue a certificate to each joint owner upon written request of the person entitled thereto; and such certified copies shall have the same force and effect as the originals. Anyone requesting such a certified copy of a license to operate motor vehicles shall submit such evidence as to his identity as the registrar may require. Certified copies of such records of the registrar, attested by the registrar or the registrar’s authorized agent, shall be admissible as evidence in any court of the commonwealth to prove the facts contained therein.

The registrar may destroy applications and copies of the licenses and certificates of registration issued by the registrar, and all letters reporting accidents or papers relating thereto and any other documents when the registrar has determined that the storage of such documents is no longer necessary for the proper functioning of the office and the registrar has arranged for the copying and retention of any documents required by the secretary of the commonwealth to be maintained. The registrar may destroy or dispose of any obsolete number plates and forms which, in the registrar’s opinion, are no longer of any value to the commonwealth, and may destroy examination papers or the answers given by the applicants for licenses when the same have become of no value or when the licenses applied for have been granted. The registrar may also destroy all records of convictions of persons charged with violation of the laws relating to motor vehicles unless such convictions are final convictions under section 24, excepting those of the then current year and the 2 years next preceding.

SECTION 15. Section 19 of chapter 90D of the General Laws is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) The registrar shall file and retain every surrendered certificate of title in accordance with the provisions of section 30 of chapter 90.

SECTION 16. The fourth sentence of paragraph (B) of subsection (2) of section 44A of chapter 149 of the General Laws, as appearing in section 63 of chapter 188 of the acts of 2010, is hereby amended by striking out the word “or”, the first time it appears, and inserting in place thereof the following word:- and.

SECTION 17.The third paragraph of section 47C of chapter 175 of the General Laws, as amended by section 94 of chapter 131 of the acts of 2010, is hereby amended by inserting after the words “require co-payments” the following words:- , coinsurance.

SECTION 18.The third paragraph of section 8B of chapter 176A of the General Laws, as amended by section 95 of said chapter 131, is hereby amended by inserting after the words “require co-payments” the following words:- , coinsurance.

SECTION 19.The third paragraph of section 4C of chapter 176B of the General Laws, as amended by section 96 of said chapter 131, is hereby amended by inserting after the words “require co-payments” the following words:- , coinsurance.

SECTION 20.The second paragraph of section 4 of chapter 176G of the General Laws, as amended by section 97 of said chapter 131, is hereby amended by inserting after the words “require co-payments” the following words:- , coinsurance.

SECTION 21. The special commission established by subsection (c) of chapter 498 of the acts of 2008 is hereby revived and continued. The commission shall report to the general court the results of its investigation and study and its recommendations, if any, by filing the same with the clerks of the senate and house of representatives on or before November 1, 2011.

SECTION 22. Subsection (a) of section 3 of chapter 509 of the acts of 2008 is hereby amended by striking out the last sentence.

SECTION 23. Subsection (c) of said section 3 of said chapter 509 is hereby amended by striking out the last sentence.

SECTION 24. Section 44 of chapter 521 of the acts of 2008 is hereby amended by striking out the words “July 1, 2011” and inserting in place thereof the following words:- January 2, 2012.

SECTION 25. The last paragraph of section 22 of chapter 61 of the acts of 2009 is hereby amended by striking out the words “December 31, 2010” and inserting in place thereof the following words:- June 30, 2011.

SECTION 26. Item 8910-8310 of said section 2 of said chapter 131 is hereby further amended in by striking out the figure “$6,500,000”, each time it appears, and inserting in place thereof the following figure:- $8,000,000.

SECTION 27.The first paragraph of section 160 of said chapter 131 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The commission shall consist of 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader and 1 of whom shall be appointed by the speaker of the house, 2 members of the senate, 1 of whom shall be appointed by the minority leader and 1 of whom shall be appointed by the president of the senate, the secretary of health and human services or a designee; the assistant secretary of the office of disabilities and community services or a designee; the commissioner of public health or a designee from the office on health and disability, the commissioner of the Massachusetts rehabilitation commission or a designee, the secretary of elder affairs, and the secretary of veterans services and 9 persons appointed by the governor. The co-chairs of the commission shall be designated by the president of the senate and the speaker of the house.

SECTION 28. The last paragraph of said section 160 of said chapter 131 is hereby amended by striking out the words “April 1, 2011” and inserting in place thereof the following words:- September 30, 2011.

SECTION 29. Section 167 of said chapter 131 is hereby amended by striking out, in the last sentence, the word “January” and inserting in place thereof the following word:- June.

SECTION 30. Chapter 202 of the acts of 2010 is hereby amended by inserting after section 25 the following section:-

Section 25A. No person who registers a snow vehicle or recreation vehicle prior to February 1, 2011, shall be required to display the registration required by the second and third sentences of section 22 of chapter 90B of the General Laws. A person who registers a snow vehicle or recreation vehicle on or after February 1, 2011, shall display the vehicle registration required by said second and third sentences of said section 22 of said chapter 90B.

SECTION 31. Section 2A of chapter 359 of the acts of 2010 is hereby amended by striking out item 2300-1011.

SECTION 32. Section 96 of said chapter 359 is hereby repealed.

SECTION 33. Said chapter 359 is hereby further amended by striking out section 126 and inserting in place thereof the following section:-

Section 126.Notwithstanding any general or special law or rule or regulation to the contrary and within 30 days after the effective date of this section, the comptroller shall transfer $953,742 from the General Fund to the Head Injury Treatment Services Trust Fund established in section 59 of chapter 10 of the General Laws. Transferred funds shall only be expended from the Head Injury Treatment Services Trust Fund in fiscal year 2011 and shall not be transferred to other funds.

SECTION 34. The first paragraph of chapter 2 of the resolves of 2010 is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- The special commission shall consist of 2 members of the senate, 1 of whom shall be appointed by the president of the senate and 1 of whom shall be appointed by the minority leader of the senate; 2 members of the house of representatives, 1 of whom shall be appointed by the speaker of the house of representatives and 1 of whom shall be appointed by the minority leader of the house of representatives; the secretary of health and human services or a designee; the commissioner of developmental services or a designee; the commissioner of mental health or a designee; the secretary of the executive office of education or a designee; the commissioner of the department of education or a designee; 1 person appointed by the secretary of the executive office of education; the director of the department of housing and community development or a designee; the secretary of labor and workforce development or a designee; the commissioner of the Massachusetts rehabilitation commission or a designee; the commissioner of department of early education and care or a designee; the commissioner of the department of elementary and secondary education or a designee; the commissioner of the department of higher education or a designee; the secretary of elder affairs or a designee; the commissioner of the department of children and families or a designee; the commissioner of the department of public health or a designee; and 14 persons to be appointed by the governor, 10 of whom shall be representatives of the statewide autism group, 2 of whom shall be representatives of the Asperger’s Association of New England and 2 of whom shall be named by the Autism Society of America, Massachusetts chapter.

SECTION 35. The second paragraph of said chapter 2 is hereby amended by striking out the words “January 26, 2011” and inserting in place thereof the following words:- September 28, 2011.

SECTION 36. Notwithstanding any general or special law to the contrary, including but not limited to chapter 7, section 3B of the general laws,the executive office of energy and environmental affairs is hereby authorized to collect an administrative handling charge for all electronic transactions processed through online licensing and registration systems for the sole purpose of defraying the expenses of issuing said licenses and permits, and to establish any accounts or other administrative mechanisms to collect and retain such charges.

SECTION 37. Notwithstanding any general or special law, rule or regulation to the contrary, the department of environmental protection may, concurrent with a review pursuant to sections 61 through 62H, inclusive, of chapter 30 of the General Laws and concurrent with any other state or municipal review and approval process, proceed with a review pursuant to chapter 91 of the General Laws once an application is filed with, and determined to be sufficient by, the department for the purpose of licensing the construction of a building at the parcel of land in the North Point section of the city of Cambridge containing approximately 55,000 square feet of land, located southeasterly of Industrial Park road, also known as Education street, and northeasterly of the extension of North Point boulevard and which is a portion of the land more particularly described as Parcel No. 2-16, Parcel No. 2-17 and Parcel No. 2-18, shown on a plan of land entitled “The Commonwealth of Massachusetts Plan of Road In The City of Cambridge Middlesex County Altered And Laid Out As A State Highway By The Department Of Highways”, dated July 2, 1997 and signed by the department of highways, which plan is recorded with the Middlesex South registry of deeds as plan number 683 of 1997 in Book 27452, Page 537 together with improvements on land adjacent to said parcel; provided that prior to issuance of a final license, the applicant shall provide to the department of environmental protection certification of municipal zoning compliance and a secretary’s certificate stating that the project adequately and properly complies with said sections 61 through 62H, inclusive of said chapter 30.

SECTION 38. Notwithstanding any general or special law to the contrary, for fiscal year 2011, all transfers required by section 6A of chapter 62F of the General Laws shall be made in increments considered appropriate by the comptroller to meet the cash flow needs of the General Fund and to minimize the need for the commonwealth to issue revenue anticipation notes subject to repayment pursuant to item 0699-9100 of section 2 of chapter 131 of the acts of 2010. In no event shall any transfer be made later than 180 days after the conclusion of the quarter for which the transfer is required.

SECTION 39. Notwithstanding any general or special law, rule or regulation to the contrary, the board of the Massachusetts Technology Corporation may transfer funds between the Innovation Institute Fund established by section 6A of chapter 40J of the General Laws and the Massachusetts Research Center Matching Fund established by section 6F of said chapter 40J, to be held and applied thereby in a manner consistent exclusively with the provisions of law and regulation applicable to the recipient fund.

Committee reported that the matter be placed in the Orders of the Day for the next sitting

12/30/2010

House

Rules suspended

12/30/2010

House

Read second, amended, ordered to a third reading, rules suspended, read third and passed to be engrossed

12/30/2010

Senate

Read

12/30/2010

Senate

Rules suspended

12/30/2010

Senate

Read second, amended, ordered to a third reading, read third and passed to be engrossed

12/30/2010

House

Rules suspended

12/30/2010

House

House concurred in the Senate amendments

12/30/2010

House

Emergency preamble adopted

12/30/2010

Senate

Emergency preamble adopted

12/30/2010

House

Enacted

12/30/2010

Senate

Enacted and laid before the Governor

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